Legal Opinion
Leitch Manufacturing Co. v. Barber Co.
Supreme Court of the United States
Decided January 3, 1938No. 208PublishedCited by 157 opinions
1Opinion of the Court
Mr. Justice Brandéis
delivered the opinion of the Court.
The question for decision is whether the owner of a process patent may by suit for contributory infringement suppress competition in the sale of unpatented material to be used in practicing the process.
The Barber Company brought, in the federal court for New Jersey, against the Leitch Manufacturing Company, 1 this suit to enjoin the alleged contributory in fringement of patent No. 1,684,671, dated September 18, 1928, by selling and delivering bituminous emulsion to a road builder, knowing that it was to be used in Newark in accordance…
2Cases cited4 opinions
- Motion Picture Patents Co. v. Universal Film Manufacturing Co.Supreme Court of the United States · 1917
- Carbice Corp. of America v. American Patents Development Corp.Supreme Court of the United States · 1931
- Leeds & Catlin Company v. Victor Talking Machine Company (No. 2)Supreme Court of the United States · 1909
- Barber Asphalt Co. v. Stulzsickles Co.District Court, D. New Jersey · 1936
3Cited by157 opinions
- Eastman Kodak Co. v. Image Technical Services, Inc.Supreme Court of the United States · 1992
- Jefferson Parish Hospital District No. 2 v. HydeSupreme Court of the United States · 1984
- Interstate Circuit, Inc. v. United StatesSupreme Court of the United States · 1939
- Mercoid Corp. v. Mid-Continent Investment Co.Supreme Court of the United States · 1944
- Morton Salt Co. v. G. S. Suppiger Co.Supreme Court of the United States · 1942
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